Hold Congress Accountable

Knowledge is power. It makes sure people understand what is happening to their country, and how they can make a difference. FreedomWorks University will give you the tools to understand economics, the workings of government, the history of the American legal system, and the most important debates facing our nation today. Enroll in FreedomWorks University today!

Search FreedomWorks

Resources

Blog

Civil Asset Forfeiture Reform in the Buckeye State Sits in the Hands of the Ohio Senate

Civil asset forfeiture abuse is a reality for many Ohioans. House Bill 347, which focuses on protecting the “innocent until proven guilty” concept, recently passed the Ohio state House in May. This same bill is moving to a vote in the state Senate this week.

Currently, Ohio law does not require a conviction of a crime before police can seize property. These policing tactics force the accused to prove his or her innocence in a court of law, which is a fundamentally flawed practice. Fortunately, Ohioans have taken notice and local activists are demanding action. There is overwhelming support for reform at the state level in Ohio, which is further by the over 52,000 messages delivered by FreedomWorks activists to their local state representatives. Change is now in the foreseeable future.

After a press call in collaboration with U.S. Justice Action Network, who is at the forefront of civil asset forfeiture reform around the country, remarks were made by the bipartisan leadership on this issue:

“The current civil asset forfeiture process in Ohio does not reflect the doctrine of innocent until proven guilty,” said State Senator Kris Jordan (R-19), “and common sense dictates that we return to the rule of law that has been a foundation of our legal system.”

“Our forfeiture system is being abused when property belonging to Ohio citizens is deemed guilty first until proven innocent,” said State Senator Cecil Thomas (D-9). “No one should have to fear that his or her possessions might be seized without a conviction.”

This legislation also addresses equitable sharing -- a practice where local and state law enforcement in conjunction with the federal government are able to bypass state law and directly benefit from any forfeiture. As states become tougher on civil asset forfeiture, it is common to see local and state law enforcement access federal equitable sharing procedures to circumvent strict state laws. This bill would dramatically reduce the federal government’s ability to benefit from seizing property. The federal government would be restricted to interfering with any cases where the forfeiture was valued at less than $100,000.

Private property rights are mentioned more times in the U.S Constitution than any other right. It is crucial that Ohioans keep the pressure on their local government to protect these inherent rights. Civil Asset Forfeiture abuse has been a growing trend on both the state and federal level.

The House of Representatives will consider the Make America Secure and Prosperous Appropriations Act, H.R. 3354. The bill consolidates the eight remaining appropriations measures for FY 2018, including Commerce, Justice, and Science (CJS) and Transportation and Housing and Urban Development (T-HUD). The House has already passed one consolidated appropriations bill, H.R. 3219, which authorized spending for the Department of Defense, the legislative branch, the military and veterans affairs, and energy and water.

The United States Government seized more from private citizens than burglars in 2014. Current federal laws regarding civil asset forfeiture are overstepping private property rights under the Fifth Amendment of the US Constitution. Under the Fifth Amendment it is the obligation of government to provide evidence against private individuals whereas current civil asset forfeiture laws require private citizens to prove innocence. Civil Asset Forfeiture, where government confiscation is acceptable if it’s in the name of protecting the United States against drug lords by taking away private property.

Over the past several months, Attorney General Jeff Sessions has taken a step back on federal justice reform efforts, regressing to purportedly “tough on crime” stances. From advising increased penalties for nonviolent offenders to more recently promising an increase in the use of civil asset forfeiture by the federal government, Sessions has been doing everything in his power to give the Department of Justice (DOJ)’s full support to 80s-era policies from which many conservatives have abandoned in favor of evidenced-based practices that reduce recidivism and enhance public safety.

FreedomWorks Vice President of Legislative Affairs Jason Pye released the following statement on the recent action from Attorney General Jeff Sessions to increase the power of law enforcement to confiscate property of people who are innocent until proven guilty:

Civil asset forfeiture, a tool used by law enforcement to seize property from individuals because they have merely been accused of a crime, has gotten a lot more scrutiny in recent days due to its lack of oversight and abuse. What many may not know though is that the Internal Revenue Service (IRS) also has the ability to seize property from businesses it is investigating. Fortunately, to address the abuses by the organization, Tax Policy Subcommittee Chairman Peter Roskam (R-Ill.) have introduced a bill to defend business owners from IRS forfeiture overreach.

On June 23rd, the Illinois General Assembly passed a major Civil Asset Forfeiture reform bill, which is currently awaiting Governor Bruce Rauner’s signature. If vetoed, the bill is still likely to be enacted since it received full support in the senate and all but one vote in the house which is more than enough for a veto override. HB 303, if passed, would effectively reform the state’s Civil Asset Forfeiture laws by shifting the burden of proof from the citizens to the government and instead increasing it “from probable cause to a preponderance of evidence.”

On behalf of our activist community in Pennsylvania, I urge you to contact your representatives and ask them to support the Senate Bill 8, introduced by Sen. Mike Folmer (R-Lebanon). This bill, which passed the state Senate in April, would transform current civil asset forfeiture procedure in Pennsylvania to better protect private property and due process.

On behalf of FreedomWorks’ activist community, I urge you to contact your representative and strongly encourage him or her to cosponsor the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures (DUE PROCESS) Act, H.R. 1795, introduced by Rep. Jim Sensenbrenner (R-Wis.). The DUE PROCESS Act includes changes to federal forfeiture laws that fail to protect innocent Americans.

In a recent statement on behalf of the US Supreme Court, Supreme Court Justice Clarence Thomas critiqued civil asset forfeiture and the abuses it has seen over the past several issues. In that statement, Justice Thomas said, “This system-where police can seize property with limited judicial oversight and retain it for their own use-has led to egregious and well-chronicled abuses.” The statement comes at a time when civil asset forfeiture, or the lawful seizure of assets from individuals without due process, has gained much more attention in the modern day as calls for reform have increased.